Loser pays, sometimes called the "English rule" but actually, in essence, the rule in place in the rest of the world, refers to the policy of reimbursement by the parties who lose in litigation of the winners' legal expenses, including attorneys' fees.

'The amount that is spent on tort litigation every year is greater than what Americans spend every year on new automobiles.'

Most lawyers will tell you how terrible 'Loser Pays' would be for the 'average man.'   Hopefully most people can see through this self serving deceipt by lawyers who after all are the unchallenged experts on self serving lies and deceptions.

Here is Rudy Giuliani – An 'Exception to The Rule' among lawyers.


Loser pays, while unfamiliar to many Americans, is not a radical idea. It is the rule in virtually every other developed nation, across all of Western Europe as well as Canada and Australia.  ….

The integrity of our legal system is under assault. Establishing loser-pays rules and other tort reforms can help restore citizens' faith in the bedrock of society—justice, fairness and the rule of law. – Rudy Giuliani



Marie Gryphon of the Manhattan Institute, a centre-right think-tank, is author of a comprehensive loser-pays proposal.   It is pretty extensive but really covers the issue for those who want to really have a grasp on it.

See this comprehensive study with a forward by Rudy Giuliani at


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